If you’re planning your estate in Oklahoma, revocable trusts are one of the most flexible and useful tools available. Also known as a living trust, this estate planning option allows you to manage your assets during your lifetime—and decide how they’re distributed after your death—without going through probate. But how do revocable trusts actually work in Oklahoma, and are they right for everyone? Here’s what you should know.
What is a Revocable Trust?
A revocable trust is a legal document that allows you to place assets—like real estate, bank accounts, and personal property—into a trust during your lifetime. You typically serve as the trustee, which means you keep full control over the assets while you’re alive.
The term “revocable” means that you can change, amend, or revoke the trust at any time as long as you’re competent to do so.
Upon your death (or if you become incapacitated), a successor trustee—someone you’ve named in the document—takes over to manage and distribute the trust property according to your instructions.
How Revocable Trusts Work in Oklahoma
Here’s how the process generally works:
- Create the Trust Document
Work with an attorney to draft the trust document, identifying yourself as the grantor and naming a successor trustee. - Fund the Trust
This step is crucial: You must transfer ownership of your assets into the trust. For example, you’ll re-title real estate, update beneficiary designations, and move accounts into the trust’s name. - Manage Assets During Your Lifetime
While you’re alive, you continue managing and using the trust assets. You can buy, sell, or withdraw assets freely. - Successor Trustee Steps In
If you become incapacitated, the successor trustee can manage your financial affairs without needing a court-appointed guardian. Upon your death, the trustee distributes assets per your instructions—without probate.
Key Benefits of a Revocable Trust in Oklahoma
There are several key benefits of a revocable trust, including:
- Avoids Probate
Assets held in a revocable trust don’t go through the probate process, which saves time and legal fees for your family. - Provides Privacy
Unlike wills, trusts are not public record. Your estate plan stays private. - Easier Management During Incapacity
If you become incapacitated, your successor trustee can take over without court intervention. - Flexible and Revocable
You can update or cancel the trust as your life circumstances change.
Most estate plans also include a pour-over will, which directs any assets not already in your trust at the time of your death to be transferred into it. This ensures no assets are left out of your plan.
Is a Revocable Trust Right for You?
Not everyone needs a revocable trust, but it’s especially beneficial if you:
- Own real estate in multiple states
- Want to avoid probate
- Have privacy concerns
- Want more control over asset distribution
- Need a plan for managing your affairs in case of incapacity
OKC Estate Planning Attorneys
We help Oklahomans create estate plans that work for their goals. If you’re considering a revocable trust or have questions about estate planning, our estate planning team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
